charges. >> i would be delighted. first of all, sexual harassment is a very serious charge. throughout my career i have had nothing but the upmost respect for women that have worked under my leadership and all of the different companies that i have worked. i can categorically say that i have never acted inappropriately with anyone, period. >> we're going to get more on that. the fourth accuser coming forward just yesterday afternoon with jim acosta coming up in a matter of minutes. but here we go. watch this. let's roll on, shall we? hour two. i'm brooke baldwin. penn state keeps joe paterno away from reporters today. mishandling american war dead. plus, berlusconi is out as

italy's prime minister. i want to start with jason carroll. jason, we know today's weekly news conference with the legendary joe paterno canceled. the new york times reporting that he has days, maybe weeks numbers. what are you hearing? >> well, for one thing, let me tell you just literally, we have a comment from joe paterno, caught up with him outside of his house, i'm reading this for the first time. i know you all have a lot of good questions. i want to answer them. we're going to have more of his comments coming up. also, i can tell you with regard to that report that he would be stepping aside or retiring. his son, scott paterno, tweeted something a few hours ago basically saying those reports were premature, according to his

tweet. we live in the world of twitter now. no discussions about his retirement. that is what we're being told now at this point in terms of whether or not joe paterno for his role in all this, whether he will step down. as you know, he was scheduled to give a press conference earlier today, this afternoon, right, brooke? and basically what happened was we were all set to go to this press conference and then all of a sudden it was called off. joe paterno said that he wanted to speak out but that he was overruled by highers up here at penn state. brooke? >> let's work on getting whatever you just read off the plaq plackard. >> jason carroll, my thanks to you on that one. next, let's go to barbara starr. we are hearing accusations about the handling of military replains replain

mains. >> this is not a story thaw want to report but it's important for people to know the air force coming up in public saying that a year-long investigation is concluded into allegations into misconduct, wrong behavior at the mortuary where the remains of the nation's war dead have been returned for so many years. there have been a number of cases that they have detailed in very lengthy reports. calling it gross mismanagement. some of it involved remains of the war dead being misplaced. we are talking about body parts like ankles, dna material, bones, that kind of thing. in example, they cite a marine who is badly damaged, they sawed off one of his arms which was unable to be positioned for viewing by his family. they said his family should have been told about it. these are very delicate issues

that involve mortuary affairs that involve funeral directors and most of us really don't want to think about. but for the military it's very serious. three people have been disciplined. leon panetta says this is very disturbing. >> our war dead. barbara starr, it's horrendous. thank you. we'll follow that investigation. quick reminder, check out more of barbara's reporting. go to the cnn blog, security clearance. next in "reporter roulette," jacqui jeras is here. we have videos, as promised with regard to tornadoes. you have two tornadoes on the ground? >> yes. just in, this is in valiant, oklahoma, being reported in downtown by law enforcement. this is a tornado emergency situation. and our second one, this is in

texas and that is a concern. we'll take you over the wall here and show you what we were talking about. a watch is in effect across the whole texas region and arkansas region. more tornadoes are going to be expected here. i think we have the video now. >> guys, do we have the storm chaser video? here you go. walk me through this. >> this is a large tornado. this is in tipton, oklahoma. this is from yesterday. let's take a listen to this. i want to catch your attention here. on the left side of the video, do you see that where we are zooming in? this is a vortex. >> blue skies. >> that's the classic super cell. a lot of times they stand out by

themselves and suck up all of the energy in the atmosphere around it. this was taken yesterday, late afternoon. that's what we call a stovepipe tornado. it caused a little bit of damage. farmstead was destroyed but for the most part it was open land and nobody was injured. >> the good news is, storm chasing and getting close to the tornadoes is to study them. yes? >> it is to study them. some of them are just enthusiasts. ten years ago, brooke, we may have never known about this because it was in the middle of know where but with technology they are able to live stream in the middle of it. >> jackie jar ras jacqui jeras, thank you so much. pardon me. we're going to continue on with becky anderson in rome, italy. big news there. we know prime minister berlusconi yesterday said,

rather defiantly, no resignation. quite a different tune today. what is happening? >> reporter: that's right. he said today that he would look into the eyes of those who betray him if indeed they were to betray him and earlier today, that vote went through but lost his majority. he says tonight he's stepping down but not yet. he will stick with the government and until he gets the measures passed through the senate. and he has agreed to reside. he's the most colorful figure in european markets but they have a

public debt here ballooning to $2.5 trillion. that's the size of spain, portugal, and greece combined. many think it's an unsustainable level. berlusconi is not going tonight, but le go in a month's time. the betting here is that there will be an election in italy at the beginning of january and not particularly good news for the markets. they will see the back there of berlusconi. that is what they wanted. financial markets were looking for -- there may be uncertainty in these markets once again when they open tomorrow, wednesday. brooke? >> becky anderson, thank you so much. we're watching movement with regard to berlusconi out of

rome. as we look at these live pictures, looking at live pictures, clearly dozens of firefighters. this image coming to us from wcab. this is brooklyn, new york. this is the brighton beach section. firefighters, many of them, trying to work quickly to reach three people who are trapped under this debreechlt i'm counting quickly, two dozen or so firefighters. we're going to keep one eye on this. hopefully they were able to rescue three people. no word on how this building collapsed or even what kind of building it is. four-story tall residential building. that's the information i'm getting in my ear. also, though, as we've been talking a lot about penn state head coach joe paterno just

recently the most winningest coach in college football here. we have new video of joe paterno leaving today's practice at penn state. the university canceled his regular weekly news conference. canceled it within the hour. it was supposed to happen at noontime eastern. here he is leaving practice. let's watch and listen. >> i'd like to answer your questions but i can't do it now. we'll have another press conference soon. >> you'll have another one soon? >> i'm hoping so. >> joe? joe? >> can you confirm -- >> again, keep your head down

joe. >> been at penn state 42 years, guy is known for clean, no scandals at penn state. high graduation rates. joe paterno facing a skrum of reporters as they were hoping to ask him questions at the news conference today. that clearly didn't happen. also, as jason carroll was reporting from pennsylvania as he was on the story, scott paterno recently reporting that the reports were premature. we'll look at those tweets as well. live in the studio of the collapsed building as these firefighters are working to define those three people within the scene in brooklyn in brighton beach, new york. we're live on that. we are also two hours away from presidential candidate herman cain, his news conference in phoenix, arizona. he is addressing precisely this issue. >> instead of going into the

offices, he suddenly reached over and put his hand on my leg under my skirt. >> those details coming up in two minutes. also, president obama reportedly caught on an obama mike talking about israeli prime minister benjamin netanyahu. find out what was said on that microphone. also, five people have been arrested and charged with trying to steal the body of a dead lion. all of that pertaining to that exotic wild animal story. tiger wood responding to stories that his ex-caddie is a racist. those stories and much more here. we'll be back in two minutes. meineke's personal pricing on brakes.

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all right. welcome back. if it's happening, it's interesting. rapid fire. let's go. we are watching this collapsed building in brooklyn. you can see the firefighters there carrying someone who they have just pulled out and i saw -- he appeared to be moving his arms just a tad, carrying him down this ladder. so at least one person, one person has been rescued. we are hearing at least three people, three people have been trapped inside this four-story residential building. this is brighton beach in brooklyn, new york. still no word how this building collapsed, when this building collapsed, but at least we see it appears at least one person has been rescued. also, republican presidential hopeful herman cain says that he is ready to talk. this woman here, sharon bialek has stepped forward and cain insists that he's never harassed anyone, period.

>> i was listening very closely and when it was all over with, i said, well, i know what we've got to do because there was not an ounce of truth in the accusations. that's why i'm willing to do a press conference tomorrow to set the record straight. >> that press conference less than two hours from now happening at 5:00 eastern happening live. also, iran may be trying to build a nuclear bomb according to the atomic watchdog agency. reports that iran has carried out activities relevant to the development of a nuclear explosive device. the agency says iran's nuclear program is more ambitious, more structure than investigators realized. aud says that the report is just a bunch of lies. none of is were meant to hear this. little good to say about israeli prime minister benjamin netanyahu last week. both president obama and french leader nicolas sarkozy were

chatting near a live microphone last week and a journalist apparently overheard them, saying that sarkozy called netanyahu a liar and obama said, you're fed up with him but i had have to deal with him more often than you do. and now to the exotic animal killing in eastern ohio. remember when police were forced to kill 48 animals from that private zoo? five people were charged yesterday with attempting to steal one of the dead animals. the police found them with the carcass of a male lion in their jeep. they have been charged with misdemeanor theft. and about ten miles east of miami, this container barge in big, big trouble. the coast guard still on the

scene. no word as to how many people were on board the barge or disabled tug boat when they drifted into the open water. tiger woods says that he's ready to move on after a former caddie made riacial remarks abot him. they've had a frosty relationship since woods fired williams. here is tiger's response. >> he did apologize. it was hurtful certainly. but life goes forward. i think it was a comment that should have been made and it was certainly one that he wish he didn't make. >> williams carried woods' bags for a dozen years.

joe frazier passed away from liver cancer yesterday. we have heard from mohammed ali and don king and now we're going b to hear from mike tyson joining me live here from vegas, baby. right after this. keep it here. let me tell you about a very important phone call i made. when i got my medicare card, i realized i needed an aarp... medicare supplement insurance card, too. medicare is one of the great things about turning 65, but it doesn't cover everything. in fact, it only pays up to 80% of your part b expenses. if you're already on or eligible for medicare, call now to find out how an aarp... medicare supplement insurance plan,

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and choose the right plan for you. learn more at 1-800-medicare or medicare.gov. a huge loss for the world of sports and particularly boxing fans. joe frazier has died at the age of 67. he was diagnosed with liver cancer. he sealed his legacy back in the 1970s with a trilogy of fights against mohammed ali. and now a man often compared to mr. frazier, mike tyson is in vegas. i'm looking down at your twitter feed. have you at all had a chance to

pick up the phone and talk to them? >> no. no. i don't have frazier's number or anything. i'm just tweeting how i feel about this man. i'm a great fan of his as far as my list is concerned and it's how i felt this particular day. yes. >> you know, your boxing styles were often times compared. both of you had pretty devastating left hooks. what did you learn from watching joe frazier? >> well, i watched basically as a competitive fighter. as i was stating earlier, these guys are the quintessential fighting and those guys, they were the yardstick -- when you say joe frazier, you have to include mohammed ali. these guys you had to judge up to. they were phenomenal.

and i don't mean to interrupt you, but to see him on a scale, you can't see how qualified or how much he weighed, these guys -- they had statistics and special gifts you couldn't see on the statistic scale. they were just really, really great fighters. >> so with their special gifts, though, i'm just curious, do you think frazi eachlt r do you think was forever underrated because of the two tough losses to muhammad ali despite the initial win? >> absolutely not. no one ever knows, particularly the art of boxing, can ever look at joe frazier and say that he was underrated or overrated. joe frazier was regarded as boxing. >> do you think frazier's home town of philadelphia could have been more respectful of him?

plenty of the fans bring up the fact that the city has a huge statue of rocky balboa but not of joe frazier? >> listen, i don't necessarily know anything about that situation but joe frazier's legacy supersedes the statue in downtown philadelphia. that's insignificant compared to his legacy. >> so you don't think it's a big deal? >> well, it's a democratic country. they feel they should vote. what i think, i think that would be great. i would do anything to memorialize the memory of joe frazier. >> so mike sityson, i know you' been in the ring with joe

frazier's son marvis. you are both fathers. you are a family of eight. he leaves behind 11 children. what do you just on a personal level, take away from joe as a father because looking at you now and knowing your story of the mike tyson of the '80s and '90s, you also are a different guy and different father. >> how many children did you say he had? >> he had # 1. >> wow. this is what i can say. the comment i can give him for that, it was real hard because i have my children and it's very hard. he was a h eachltell of a man. >> did he change you at all? i know he wanted you to be the best but did he change you on a human -- on a father level in addition to being the best boxer? >> well, everybody has their own path to follow in life and follow in that path you form

your own shape and personality and what you want to do in life and it just happens it's evolving in life. >> and if you had a moment to speak with joe frazier's family right now, what would you tell them? >> well, from a human perspective, i'm sure he's truly missed. we're just fans that miss him from an entertainment perspective. i'm sure there's would be triple. my condolences to his family. >> mike tyson, thank you so much. former heavyweight champion, thank you so much, sir. >> thank you, brooke. also, we've been talking a lot about tornadoes breaking news. a third tornado on the ground right now. let's go straight to jacqui jeras. where are we talking? >> we have two in texas right now and one in oklahoma. they are shorter lived tornadoes but they have been confirmed on the ground. we'll take you through it. there are the watch box areas.

this is the area where the threat will be throughout the rest of the afternoon and the evening. this is the first one. this is in oklahoma. this was also reported in downtown valiant. we'll take you south of there and go towards nacadocious and here around the douglas area, a new warning has been extended to the east of there. that's shelby counties included in on this tornado warning and last but not least, north of the houston area, this is for humble, texas. a tornado has been spotted here. it's moving northeast around 40 miles per hour. so three areas that we are concerned with to the north and east of you. if we get video or any confirmed injuries, we'll pass it along.

>> you have your hands full there. i want to take you live to brighton beach. this is brooklyn. firefighters have been trying to reach three people trapped just into us now, two of the three people have been rescued. again, no word on their condition. also, have you heard about this story? this is out of washington state. this is about this mother who left her 2-year-old alone in her car while she says she went for gas a mile away. now the child, 2 years old, missing. it's not the first time that something like this happened involving the parents. we'll talk to sunny hostin on the story next. ♪ girl started blowing up their credit score ♪ ♪ she bought a pizza party for the whole dorm floor ♪ ♪ hundred pounds of makeup at the makeup store ♪ ♪ and a ticket down to spring break in mexico ♪

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in honor of the up coming veterans day, this is a story giving veterans the strength by rowing on the river of washington, d.c. >> make you guys proud. >> being a veteran means a lot to me because of the veterans that put their life on the line before me. >> they call us world war ii veterans, the greatest generation. and i feel feel as the greatest generation we did something for our country that will never be for gotten. >> this is me in the water and i plan to concur conquer it this

morning. >> they come here with a unique perspective which makes them ready-made competitors in the rowing world. >> just like anybody else, i can do what anybody else does but i do it different. there's no limits based upon me. i was medically retired from the army. and i had surgery done on my spinal cord. i had surgery which did not go very well. it made me an incomplete pair pa leej jik. >> i'm legally blind. >> how old are you? >> 89. i love the challenge of being able to get out here and participate because not being able to see anything and all you're doing is rowing, you're concentrating on your rowing and i find it very peaceful. >> rowing takes discipline. it takes a lot of discipline and

in the military you do things over and over until you get it right while that's a lot of rowing, the more you do it, the better you are at it. there are times when the waves are kind of rough out there but you use the experience and you go through a rough period, like life, and then things level out and you keep going in a positive direction. >> i don't have any disability. all i have is an inconvenience and i feel like i can do whatever the sighted world can do. it just takes me longer and i have to be a little careful. >> i tell anyone that is in the military and has a disability to not give up. don't feel sorry for yourself.

i look forward to just getting out there on the water because i'm in it to win it. i love the sport. look, every day we're using more and more energy. the world needs more energy. where's it going to come from? ♪ that's why right here, in australia, chevron is building one of the biggest natural gas projects in the world. enough power for a city the size of singapore for 50 years. what's it going to do to the planet? natural gas is the cleanest conventional fuel there is. we've got to be smart about this. it's a smart way to go. ♪

a missing child's case in bellevue, washington, has parents and investigators shaking their heads. a toddler is missing and a mother pictured here with him said she ran out of gas on sunday while driving with her two kids in the car. she took her 4-year-old daughter with her to get the gas and leaving sky and not locking all of the doors.

i know what you're thinking. how could she leave a toddler by himself? but this is the second time on record that she has left her son alone. we're going to go to major steve johnson from the washington police department. major, it's possible sky wandered off but i want you to please listen to concerns of sky's father. >> my serious thought is that gave sky to somebody. >> do you, sir, suspect foul play and if yes, are the parents suspect? >> at this point, foul play has not been ruled out. we have not named either parent has a suspect. but the father has cooperated with a polygraph interview and we're hoping to do a follow-up polygraph with him as well today to rule him out as a suspect and then move on to other family members to try and do the same thing. >> at a minimum, do you plan on

charging sky's mother for up and abandoning him in this car? >> our primary concern is to locate sky. once our investigation is concluded and we finish what we need to do as investigators, we'll certainly look at what charges might be appropriate for leaving the child in the car. >> okay. so sky's mother said she left this 2-year-old in the car to get gas. one question for you is, why would she leave a 2-year-old in the car? has she said at all to you? and, two, when police found the car, from what i've read, there was no indication of any kind of car trouble. is that correct? >> early indications are that the car had a little bit of gas in it and that it would run. however, we have not done sort of a forensic investigation of the vehicle to confirm that. so we're doing that in the next day or so. in regard to what she told us, she told us that her son was asleep and that's why she chose

to leave him in the car because she couldn't carry both kids to walk to the gas station. >> where have investigators been looking for sky? >> well, preliminarily that day we started out searching a wooded area near her kaur, search and rescue dogs, multiple teams, grid searches and followed up by an area of infrared technology to locate the child and that proved uneventful and successful and in their opinion, that's not what happened. in their opinion, again, he didn't get out of the car and wander away. so we're trying to look at other options. >> in reading the seattle times today, i read that this has happened before.

can you elaborate? >> it has. unfortunately, i don't know the precise details of her history. i believe it occurred in other jurisdictions outside of bellevue. there's a custody dispute between the parents. there's an estrangement and a strained relationship between the two of them. that's certainly something that we have to factor in and consider. >> court documents indicated that sky was left at three months of age. major mike johnson, we're going to watch that investigation with you. we hope you find him. thank you. >> you're welcome. we have brand-new sound from herman cain. these were his first comments since that accuser came 2350rd on sexual harassment charges. we're going to share that with you right after this quick break. and it's gonna be the surprise of his life, i think. okay. i got ya. aah! i got ya, got ya, got ya, got ya, got ya, got ya, got ya, got ya! [ engine revving ] oh, no. dear god.

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to washington we go to jim acosta with the american's choice 2012 politics update. we are just about 80 minutes away from the scheduled news conference with herman cain. obviously we are carrying that

live. you have been watching this interview online that he gave last hour with abc and yahoo!. what did mr. cain say? >> well, he said that he is innocent of all of the sexual harassment allegations and that he's never acted inappropriately with anyone, period. he said this in an interview with jonathan karl over at abc news. and this is coming out, as you know, brooke, one day after sharon bialek held that news conference with gloria allred. here's what cain had to say to abc just a while ago. >> let's be clear. you're saying that she is lying about this? >> yes. i am saying that. in as nice of a way that i can. i don't know any other way to say it because i would first have to recognize who she is. >> you don't remember having

drinks with her back in 1997 or giving her a ride in your -- >> absolutely not. i reject all accusations. >> so there you go, brooke. not a lot of wheel room there. if evidence comes forward, if there's video or audio of any of that kind of evidence, that's going to be a problem form hermn cain. he says that he is innocent of these accusations and i assume we'll be hearing more of this from him, as you said, in about 80 minutes at this press conference in arizona. so we'll be watching. >> not just that he's innocent but that she's lying, lying. jim acosta, thank you so much. we appreciate it. >> sure. bill clinton said the white house is lost on message and now he's stepping in. not only as a former president is he selling a book, he's decided to sell a narrative. jody has read the book and we're going to talk live right after this. [ male announcer ] are you considering a new medicare plan?

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tell us about your situation. we can help you choose the right plan for your needs. [ male announcer ] are you reconsidering your medicare coverage? you only have until december 7th to make sure you get the medicare coverage you need. call unitedhealthcare to learn about medicare plans that may be right for you. with some plans, you can enroll right over the phone. don't wait. call now. do you remember the exchange between president obama and bill clinton? you remember this? >> it's a slow news day so i had to bring the other guy in. >> i just had a terrific meeting with the former president, president bill clinton, and we just happened to have this as a topic of conversation and i

thought, given the fact that he presided over as good of an economy as we've seen in our lifetimes, that it might be useful for him to share his thoughts. >> that was last december when clinton joined president obama in the white house daily brief to talk about the tax compromise. now clinton has some advice for president obama in the form of this new book on the economy called "back to work." in this book he talks about how to increase lending, job start the manufacturing sector and double exports and "new york times" reporter jody is joining me from new york. you wrote about this book this past weekend and you're an author of a book called "the obamas." and in your article, the lead graph, you quote bill clinton at his 56th birthday. i'm really trying to help him, him being president obama, but he seems to have lost his

narrative. this is former president clinton speaking. is that why clinton felt the need to write this book? is he just really frustrated with the way that the current president has handled things? >> yes, he is so frustrated that he's literally decided to write his own narrative about the obama presidency. and he's pretty open about it that i didn't want to write this book but when i campaigned in the 2010 midterm elections it drove him nuts that voters, to him, didn't seem to understand what president obama had accomplished so now president clinton is taking matters into his own hands. >> so be specific. how frustrated is he? what kind of suggestions is he giving in this book? >> well, there are the public comments and private comments but they all go to the same thing by president clinton feels that the administration has done

a better job than it has conveyed. that the haveseverity of the financial crisis was that they had to do certain things but prevented things from being much, much worse. the thing that president clinton really clinton really takes exceps to is the tea party. there is just something in the american psyche where as a country, we tend to rebel against government and the tea party is one of those rebellions. he wants to restore faith in government, as does president obama, which is kind of funny about this interaction. president clinton and obama really agree on most of the big issues. >> on the flip side, isn't it easy to monday morning quarterback? what is the current administration saying? >> well, again, i'd say there's the public reaction and a private reaction. in private, i think it's a

little bit frustrating for them to have president clinton critiquing president obama. i mean, president clinton said the other day in "usa today," that if they had communicated better, the democrats wouldn't have lost the house in the midterm election, so that's a big charge to make. on the other hand, the obama people have to live with it. why? because president clinton is powerful campaigner. he's popular with the voting groups that president obama is not. so he's in a real position to help in 2012. >> the book's called "back to work." what's his solution? >> well, it's a classic clinton exercise because he has so many solutions. it really does have a feeling of this famous sort of 4:00 a.m. clinton brainstorming sessions and some of his ideas are about energy efficiency and some of them are about investment and some about infrastructure.

what people in the white house say is that some of them are more practical than others, but this is this quality of this former president just burting forth. he can't contain himself he wants to help so badly. >> thank you so much. again, the book, "back to work." out today. we are a couple minutes away from "the situation room." about 60 minutes away from ta herman cain news conference. wolf blitzer, we know you'll be watching it. >> we're going set the stage for the news conference. he's going to open with a statement that answers reporter's questions. we'll have kovrnl and complete analysis from our reporters. i'll also speak live with joel bennett. the attorney representing one of the women who's made these serious allegations against cain. he's here in "the situation room." as you know, there's a lot of other news going on including a

new iaea report. on iran's nuclear program. we're covering that and a lot of other stories of the day as well. two hours of serious news coming up. >> italy, certainly other news items you'll get to. thank you. still to come here, conrad murray, guilty in the death, one charge, with regard to the death of michael jackson. we have new information about a potential appeal in that case. also, convicted murder hank skinner was scheduled to be executed in texas tomorrow. why that was suddenly halted. that's next. two of the most important are energy security and economic growth. north america actually has one of the largest oil reserves in the world. a large part of that is oil sands. this resource has the ability to create hundreds of thousands of jobs. at our kearl project in canada, we'll be able to produce these oil sands with the same emissions as many other oils and that's a huge breakthrough.

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plus get up to $600 when you open an account. conrad murray now known as the man responsible for michael jackson's death. >> we the jury in the involving title action find the defendant, conrad robert murray, guilty of the crime of involuntary manslaughter. >> that little squeal you heard was jackson's sister, latoya, reacting to the verdict. >> michael loves everybody out here. we all love him and guess what? he was in that courtroom and that's why justice was severed. >> it wasn't enough time. >> what would you say for michael in. >> michael's with us. >> time is likely what's on the

mind of conrad murray, who is now in jail awaiting his sentencing hearing. let's go to sunny hostin. we now know as you were reporting with us yesterday, he could get up to four years. many predict that won't be the case. why is that? >> i think that's right because the new law has been passed to sort of realign the california system. the prison system because of overcrowding, many nonviolent offenders, and even though he was convicted of involuntary manslaughter, it's not deemed top violent, so he may not serve prison time. he could be transferred to l.a. county jail. they are also overcrowded. lindsay lohan got sentenced to 30 days and served 4.5 hours in county jail. it's likely that while this judge may give him up to four years, it is likely he won't serve that amount of time.

>> i imagine the plan is to appeal, sunny. what are the chances of it working? of them being successful in that appeal? >> you know, people are saying that certainly they will appeal. the defense team has indicated that. there are always issues on appeal, but the interesting thing is again, by the time the appeal winds its way through the system, he'll be out of jail. the bottom line is he probably wants his licenses back, right? so that is probably a driver for this appeal. whether or not it will be successful, they rarely are in a case like this, but who knows? >> case number two. hank skinner, convicted murder for the second time now. just missed being executed. was supposed to die tomorrow. court said they needed more time to review the law and dna testing. if years, he has been asking for dna analysis of crime scene evidence that he believes will exonerate him. what happens moving forward

here? >> it's quite possible. texas state law has changed in that regard in large part because of this case. so the courts are reviewing whether or not the dna will be tested. what's interesting, his defense team passed on the opportunity to test several pieces of evidence, inkuding the ax handle and additional knives. many are arguing he shouldn't get this sort of back door way of testing because he chose not toot it the first time around. the texas law now says no we want to make sure these things are tested. my sense is that it's possible that he will get his day in court, so to speak, with this dna testing. >> sunny hostin, thank you so much. on the case for us. by letting you know, following the breaking news story, the collapsed building in brighton beach in brooklyn. all three workers have been